State Ethics Board seeks to block release of investigation records
By The Associated Press
12.11.01
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Editor's note: Dane County Circuit Judge John Albert on Dec. 28 refused to dismiss the newspapers' lawsuit and ordered the Ethics Board to turn over its investigation records for his review. The board submitted the documents on Jan. 8, 2002.
MADISON, Wis. — A lawyer hired by the state Ethics Board has filed a motion in Dane County Circuit Court seeking to block two newspapers from reviewing records related to alleged illegal campaigning by legislative caucuses.
The motion filed Dec. 7 seeks to dismiss a lawsuit filed by the Wisconsin State Journal and the Milwaukee Journal Sentinel that alleges the Ethics and Elections boards violated the state's open-records law by refusing to release the documents.
The Elections Board already settled the lawsuit and released its records related to the allegations.
The Dane and Milwaukee county district attorneys are investigating allegations of illegal campaigning on state time by employees of the partisan legislative caucuses.
The Elections and Ethics boards ended their investigations into the caucuses after reaching an agreement with legislative leaders in October.
The Ethics Board argues that the records should remain confidential under state law because they were part of investigations into possible misconduct and could harm the reputation and re-election prospects of elected officials.
In the legal brief, attorney Stephen Hurley wrote a "tension" exists between citizens who have a right to review the activities of elected officials and government employees, and the right of those officials to privacy "in their financial and personal affairs."
Given that tension, the Legislature specifically acted in 1977 to keep secret Ethics Board records of investigations that do not become part of subsequent criminal prosecutions, Hurley said.
Robert Dreps, a lawyer for the newspapers, declined to comment on the legal brief. The newspapers have until Dec. 21 to file a response.
Update
Wisconsin Ethics Board releases caucus documents
Move settles lawsuit filed by two newspapers that sought information on alleged illegal campaigning by legislative caucuses.
08.09.02
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